HomeMy WebLinkAboutR13-043 Vines at Vail Extension Final PlatEagle County, CO 201310125 Teak J Simonton 05/21/2013 Pgs: 9 11:25:42 AM REC: $0.00 DOC: $0.00 (Commissioner - J moved adoption of the following Resolution: .RESOLUTION of the BOARD OF COUNTY CONIIIISSIONER:S COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2013 - APPROVAL OF AN EXTENSION TO THE FINAL PLAT FOR TIIF VINES AT VAIL PLANNED UNIT DEVELOPMENT FILE NO. PR -4083 WHEREAS, on or about October 1, 2012, the County ofEagle, State of Colorado, accepted for filing a request (Eagle County File No. PR -4083) submitted by KIWA Associates LI_C, (hereinafter "the Applicant ") for a two (2) year extension of a Final Plat for the Vines at Vail Planned Unit Development (herein after "the Final Plat for Subdivision ") to allow for a multi -use development consisting of 31 residential dwelling units, up to 80,500 square feet of fluor area for "non - residential" uses including retail, restaurant. office recreational, open space and agricultural uses on a 38.5 acre site located in the Wolcott area of unincorporated Eagle County, described as follows: A part of Tract 48, Township 4 South. R.arige 83 West, Sixth Principal Meridian: in County of Eagle, State of Colorado, and; WHEREAS, the Eagle County Board of County Commissioners (hereinafter "the Board ") approved the Final Plat for Subdivision (Eagle County File No. PD.F- 00098) for the Vines at Vail Planned Unit Development on November 6, 2007 (Final Plat attached hereto as Exhibit `A'), and; WHEREAS, the Board entered into a Subdivision and Off -Site Improvements Agreement dated September, 2007, with the Applicant for the Final Plat for Subdivision, and; WHEREAS, in accordance with Section 5- 280.5.d (1) .. Length of I)I)r-oval, Eagle County Land Use Regulations (hereinafter "ECLURs "), all Final Plats for Subdivision are valid for five (5) years from the date of their issuance, and; WHEREAS, in accordance with Section 5- 280.5.d (1) — Length ofApproval, ECLURs, the Board has the option to extend these time periods, and; WHEREAS, in accordance with Section 5- 280.5.4 (2) — Infrastructure Installed, ECLURs, if the infrastructure required to develop at least fifty (50) percent of the lots in a single phase subdivision or the infrastructure required to develop the first phase of a multi -phase subdivision is installed, the Final Plat shall remain valid without any further time limitation, and; WHEREAS, in accordance with Section 5- 280.5.d (3) — Extension of Final Plat Approval, ECLURs, approval of a Final Plat for Subdivision shall be voided and extinguished unless the applicant can demonstrate by competent substantial evidence that (a) failure to proceed with the development of the application was beyond the applicant's control; (b) the development complies with the ECLURs; (c) there is reasonable likelihood the next step in the development application will be submitted within the next two (2) years, and; WHEREAS, in accordance with Section 5- 280.5.d (3) — Extension gfFinal Plat Approval, ECLURs, no request for extension shall be considered unless a written application requesting the extension is submitted to the Planning Director no later than thirty (30) calendar days prior to the date the Final Plat for Subdivision is to expire, and; WHEREAS, the Applicant duly filed a written request for a two (2) year extension for the Vines at Vail Final Plat for Subdivision to the Planning Director within such period prior to expiration of the Final Plat for Subdivision, and; WHEREAS, the aforementioned extension request is based, in part, on a failure of the Applicant to complete installation of the infrastructure required to develop the first phase of a multi- phase subdivision, and; WHEREAS, at its regular public hearing on March 19, 2013, the Board considered the request for an extension of the Vines at Vail Final Plat for Subdivision (PR- 4083); associated plans, materials in support of the request and relevant review criteria; and the statements and concerns of the Applicant, the Eagle County Community Development and Engineering staff, and other. interested persons, and; WHEREAS, the Applicant, based on the application materials submitted as well as testimony delivered during the public hearing, did demonstrate by competent substantial evidence 2 201310125 that (a) failure to proceed with the development of the application was beyond the applicant's control; (b) the development complies with the ECLL1Rs; (c) there is reasonable likelihood the next step in the development application will be submitted within the next two (2) years, and; WHEREAS, any extension period granted shall be based on the original date of Final Plat for Subdivision approval, in this case November 6, 2007, and; - WHEREAS, notice of the extension request was not required by the ECLURs, Section 5- 210.E — Notice of Public Hearings; and, WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County. the Future Land Use Map (the "FLUM ") for Eagle County, and the Eagle County Open Space Plan, as well as comments of the Eagle County Department of Community Development, comments of public officials and agencies, and comments from all interested parties, the Board, finds as follows: 1. That, in accordance with Section 5- 280.5.d (3) — Extension o Final Plat Approval, ECLURs, a written application requesting the extension WAS submitted to the Planning Director no later than thirty (30) calendar days prior to the date the Final Plat for Subdivision was to expire. 2. That, in accordance with Section 5- 280.5.d (3) -- Extension ofFinal PlatApproval, ECLURs, the Applicant did demonstrate by competent substantial evidence that: (1) Failure to proceed with the development of the application WAS beyond the Applicant's control; (2) The development COT\1PLIES with the ECLURs and the Comprehensive Plan; (3) There IS a reasonable likelihood the next step in the development application will be submitted in the next two years, and: NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: . THAT the request for an extension (Eagle County File No. PR -4083) of the Final Plat for Subdivision (Eagle County File No. PDF- 00098), be approved, subject to the following conditions: 1. Except as otherwise modified by this development pen-nit. all material representations made by the Applicant in this application and in any public meeting shall be adhered to and considered conditions of approval. 3 201310125 2. The Applicant shall execute anew Subdivision and Off -Site Improvements Agreement, inclusive of updated scope of work and estimates of "probable costs ", for the Vines at Vail Planned Unit Development Final Plat for Subdivision prior to July 1, 2013. THAT, the Vines at Vail Final Plat for Subdivision is extended until November 6. 2014,, or until such time as the infrastructure required to develop the first phase of the PUD has been submitted to the County of Eagle, State of Colorado and deemed sufficient by the Planning Director, whichever comes first; THAT, the Board directs the Department of Community Development to provide a copy of this Resolution to the Applicant; THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of , 2013, nuns pro tune the sixth day of November, 201.2. ;!remainder of page intentionally left blank// N 201310125 ATTEST: `� nC Teak J. Simonton ZOEtA�© Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS do/l I - 63.x: ---- -- Sara J. Fisher Commissioner Commissioner ' '., . • seconded adoption of the foregoing, resolution. The roll having been called, the vote was as follows: Commissioner Jon Stavney Commissioner Sara J. Fisher Commissioner Jillian H. Ryan This Resolution. passed by t: of Eagle, State of Colorado. 201310125 vote of the Board of County Commissioners of the County 5 I fib av it ts 11 M', 4 fit P' z'q ■ at 1A rx U ;. z4 ppt Lt Hit R YE, I ;Z "T 201310125 "t -V J. a islj! ai i 4E Ch GYi E' t< co Z 1 75 _..T4 viz. Coa. BE ;Z "T 201310125 "t -V J. a islj! ai i 4E Ch GYi W, 1 2013 tD ji A 4 V V D,z g 4� - Ilk xs C .. \ , , &A! 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